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Graham v. Lynn, 4 B. Mon. 18: Acklen v. Acklen, 45 Ala. 609; Ligon v. Rogers, 12 Ga. 281; Perdue v. Bradshaw, 18 id. 287. It is well settled that no judg ment other than a final judgment can give a lien. Freem. ou Judg. 340, and citations. The statute expressly restricts such effect to final judgments. Acts of 1866, p. 118. (2) A judgment for costs, which does not dispose of the subject-matter of the suit, has been often held by this court not to be a final judgment. Warren v. Sherman, 25 Tex. 319; Martin v. Wade, 22 id. 224; Fitzgerald v. Fitzgerald, 24 id. 416. Eastham v. Ralston. Opinion by Stayton, J.

[Decided Jan. 15, 1884.]

FINANCIAL LAW.

PROMISSORY NOTE-BONA FIDE HOLDER-WHO NOT. -Where a bank transfers a promissory note to a party to secure a pre-existing indebtedness, there being no new consideration beyond a mere forbearance to secure the claim by attachment, such party is not a bona fide holder for value, and cannot recover on the note. Sup. Ct., Iowa. Bone v. Tharp. Opinion by Seevers, J. (18 N. W. Rep. 906.) [See 16 Eng. Rep. 169.-ED.]

PROMISSORY NOTE-WARRANTY OF COLLECTION.The waranty that a note is as good as gold, or as good as money, is not in legal effect a warranty that it is collectible by due process of law, and it is not necessary to exhaust the legal remedies at law against the maker before suing the assignor of the same for a breach of warranty. Sup. Ct., Mich. Taylor v. Soper. Opinion by Champlain, J. (18 N. W. Rep. 570.)

AS

PROMISSORY NOTE - ALTERATION SIGNING SURETY AFTER EXECUTION.-In this case the note was given for money borrowed by Rudisill of plaintiff, and one Fuller signed it as surety upon the request of plaintiff, and without the assent or knowledge of the makers of the note. Rudisill signed it as surety after its maturity. This was innocently done, without any fraudulent intention on the part of any one, for the purpose of better securing the note after unsuccessful efforts to collect it. Held, that the signing of a promissory note by one as a joint maker, after the execution by the original maker without his knowledge and consent, is a material alteration which will defeat the instrument. Hamilton v. Hooper, 46 Iowa, 515; Dickerman v. Miner, 43 id. 508; Hall's Adm'x v. McHenry, 19 id. 521. When a promissory note has been innocently altered, without any fraudulent purpose, the payee may recover in an action brought upon the original consideration. Krause v. Meyer, 32 Iowa, 566; Clough v. Leay, 49 id. 111; Morrison v. Huggins, 53 id. 76; 4 N. W. Rep. 854; Eckert v. Pickel, 59 Iowa, 545; 13 N. W. Rep. 708. Sup. Ct., Iowa, Apr. 8, 1884. Sullivan v. Rudisill. Opinion by Beck, J. (18 N. W. Rep. 856.) [See 12 Am. Rep. 306; 8 id. 48; 20 Eng. Rep. 594.-ED.]

NEW BOOKS AND NEW EDITIONS.

NEW YORK CRIMINAL REPORTS. Reports of cases decided in all the courts of the State of New York involving questions of criminal law and practice, with notes and references by Theodore Connoly and Henry L. Vilas. Vol. 1. Albany, N. Y.; W. C. Little & Co. Pp. xxiv, 627.

This series purports to give the current criminal decisions of the various courts of the State, the majority of which appear in the regular reports. Some of the cases are reported twice, and in one instance three

and in another four times over. This is an objectionable feature. In a note on pages 29-32 the editors give the leading authorities in the various States on the burden of proof when insanity is the defense, and the degree sufficient to justify acquittal.

COWEN'S CRIMINAL REPORTS.

Reports of criminal cases decided in the appellate courts of the State of New York and of other States, with notes by Patrick H. Cowen, counsellor-at-law. Vol. 1 Albany, N. Y.: Weare C. Little & Co. 1884.

This volume contains 108 cases culled from the State reports, as follows: Connecticut, 7; Massachusetts, 8; New York, 79; Rhode Island, 6; United States Supreme Court, 2; Vermont, 6; and covers 609 pages. The index contains 111 pages. The annotations, with a single exception, are confined to New York cases, and consist principally of the insertion of sections of the Code of Criminal Procedure and the Penal Code.

THATCHER'S PRACTICE OF THE DISTRICT COURTS OF THE UNITED STATES.

A Digest of statutes, admiralty, rules and decisions upon the jurisdiction, pleadings and practice of the District Courts of the United States. By Erastus Thatcher, author of Di gests upon the Jurisdiction and Practice of the Supreme Court of the United States and of the Circuits of the United States. Boston: Little, Brown & Co 1884. Pp xxvi.

This volume completes the author's series on the Practice of the Federal Courts. It contains all the decisions upon the jurisdiction, pleadings and practice of the District Courts to be found in 246 volumes of the reports, which have been arranged under appro priate headings. The provisious of the Revised Statutes relating to the jurisdiction of said courts, Rules of Practice in Admiralty and Maritime Causes, prescribed by the Supreme Court, Rules of the District Court for the Southern District of New York, and the Standing Interrogatories in Prize Cases. This series is, we believe, destined to maintain a foothold among the books which it is absolutely necessary to have.

3 AMERICAN PROBATE REPORTS.

Of this series, published by Baker. Voorhis & Co., of New York, we have heretofore found cause and occasion to speak well, and this volume gives no reason for reversing or modifying our opinion. The volume contains 93 cases, well-selected, furnished with clear and concise head-notes, and occasionally and judiciously annotated.

1 ABBOTT'S NATIONAL DIGEST.

A Digest of the Reports of the United States Courts from the organization of the government to the year 1884, comprising the decisions of the United States Supreme Court, those of the Circuit and District courts, of the court of claims, and of the courts of the District of Columbia; together with leading provisions of the statutes and important auxiliary information upon the National Jurisprudence. By Benjamin Vaughan Abbott. New York: Geo.

S. Diossy. 1884. Pp. xxiv, 816. Abandonment - Conversion.

The former edition of this work is well known, and has answered a good purpose. We spoke of the supplementary volumes, 6 Alb. Law Jour. 68: 11 id 242. The present is not a mere new edition, but is largely a new work. Among the new matter are bibliographic notes, referring to the discussions in leading law journals and in the notes of the American Reports and the American Decisions. The work is not to exceed five volumes. The abstracts are very full, and the ed

iting seems thorough and precise. When completed the work will be very important, and of great practical value. It is well printed.

WAIT'S FRAUDULENT CONVEYANCES.

A Treatise on Fraudulent Conveyances and Creditors' Bills, with a discussion of void and voidable acts. By Frederick

S. Wait. New York: Baker, Voorhis & Co.

741.

1884. Pp. li,

This seems a very complete treatise on a ject of considerable practical importance. The discussion on void and voidable acts may perhaps be deemed superfluous, but it hurts nothing. The author shows title to call his work his treatise, for he really treats the subject, and does not merely make up a mosaic of He cites nearly 4,800 cases, but they are not burdensome, typographically or mentally. We think his work commendable, and that it will make a place for itself. It is sumptuously printed.

cases.

SPAULDING'S PUBLIC LAND SYSTEM.

missioners set aside with costs and a renearing ordered before commissioners to be appointed by the Supreme Court-In re Water Commissioners of Amsterdam, etc.

-Order reversed and judgment entered on referee's report affirmed with costs-Joseph Kohn, respondent, v. Joseph Koehler, appellant.-Judgment affirmed with costs-Jesse Hoyt and others, respondents, v. Hartford Fire Ins. Co., appellant.-Judgment affirmed-People, respondents, v. Ellen E. Peck, appelsub-lant.-Judgment affirmed, and judgment absolute ordered against the defendants on the stipulation with costs-Casper Speiss, respondent, v. Constantine Rossway and another, appellants. Judgment affirmed with costs-Lyman Bradley, respondent, v. James Manning and others, appellants. Order affirmed and judgment absolute ordered against the plaintiff with costs-John J. Duffield,appellant,v. Thomas Johnson.— Order of General Term reversed and judgment for the defendant ordered, upon the verdict, with costsHiram Purdy, respondent, v. Rochester Printing Company (The Rochester Democrat and Chronicle).— Judgment affirmed with costs-Morris Solomon, respondent, v. City of Kingston, appellant. Judgment reversed and complaint dismissed with costs-John D. McLean, respondent, v. Andrew McLean, appellant.

A Treatise on the Public Land System of the United States, with references to the land laws, rulings of the departments at Washington, and decisions of courts, and an ap

pendix of Forms in United States Landing and Mining

Matters. By George W. Spaulding: San Francisco, A. L.
Bancroft & Co. 1884. Pp. xxxii, 523.

This is a subject of importance in the new States. So far as we can judge of a subject with which our acquaintance is very small, we regard the work as very complete and exact, and as forming a very convenient

manual.

BIDDLE ON WARRANTIES ON SALE OF CHATTELS.
A treatise on the Law of Warranties in the Sale of Chattels.
By Arthur Biddle. Philadelphia: Kay & Brother. 1884.
Pp. xx, 308.

The author's apology for this large-type monograph is the brevity of the treatment of the topic in the general works on Sales. This being so, we think he might well have expanded his own treatment. It consists

in very little more than a statement of the principal

cases. Even these are not all mentioned. It is very disrespectful to old age to leave out, for example, Passinger v. Thorburn, on the subject of implied warranties of seed, which is certainly the leading American case. So far as he goes however Mr. Biddle is judicious and useful. The index is rather crude and inadequate.

REDFIELD'S SURROGATE'S PRACTICE.

The Law and Practice of Surrogates' Courts in the State of
New York. By Amasa A. Redfield. Third edition. New
York: Baker, Voorhis & Co. 1884. Pp. xxxvi, 1022.
We have referred to the former edition of Mr. Red-
field's work (12 Alb. L. J. 46; 23 id. 478), and can but
reiterate what then was said. The cases from 50 vol-
umes of reports and changes by legislation affect-
ing the subject-matter make up the material which

-Judgment affirmed with costs-Christianne R. Althaus, respondent, v. James R. Sharp, as receiver, etc., appellant.- Order affirmed with costs-Elijah H Purdy et al., respondents, v. Edward J. Dunning, Jr., appellant.-Order affirmed with costs-In re Edward B. Long, guardian, etc.-Appeals dismissed with costs-People ex rel. James Preston, appellant, v. Stephen B. French et al., commissioners, etc., respondents.

Appeal dismissed with costs-Henry Hoffman v. William S. Marrin and another.-Order affirmed with costs-In re Charles F. Hunter to vacate an assessment.- Order affirmed with costs-In re Knicker

bocker Life Ins. Co.; claim of Grigg.—Appeal dismissed with costs-Theron S. Atwater, appellaut, v. American Bay Loaning Co. et al., respondents.--Order affirmed with costs in both cases-Stephen Tarns

tall, respondent, v. Walter W. White, appellant.—Or

der affirmed with costs-Duight L. Dewey v. J. Barton Finn. Motion to put case on preferred calendar granted, on condition that the case be submitted, ou printed briefs, at this term-Lizzie Hannon, an infant, appellant, v.John F. Agnew et al., respondents.—Mo

tion to amend remittitur denied without costs-In re Alleged Will of Eliza M. Smith, deceased.-Motion to open judgment by default for not filing return granted on service of papers, within ten days, and payment of costs of motion-Wm. G.Shanks, respondent, v. Joseph Hurt, appellant.-Motion to set aside judgment denied with costs-In re. Estate of Sarah Boston, deceased.

justifies this present edition, and rendered it a necessity THE

to

the practitioner in the probate court. It is printed on excellent paper and well bound. One case (Matter of Simpson's Will, 56 How. Pr. 125), holding that a revoked will may be revived by parol, seems to have escaped notice.

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NOTES.

HE American Law Review for May-June contains the following leading articles: Formation and Validity of Voluntary Trusts, by Simon Greenleaf Croswell; "Legal Tender" Decision of 1884, by D. H. Chamberlain; Codification of Commercial and Maritime Law, by Harrington Putnam; Authorship of the Statute of Frauds, by James Schouler. The "Notes" continue the most readable and the book reviews the most excellent of their kind. It is well for the profession to know in this weather, that although a man is seen coming out of a saloon intoxicated, and having left his hat inside, this is no evidence that he was

Judgment affirmed with costs-Andrew Harpend-made drunk at that place. So held in Lovelace v. ing, appellant, v. Stephen T. Arnot and others, respondents. Judment and conviction reversed and new trial granted-People, respondent, v. Lorenzo Baker, appellant.-Order reversed, report of com

Briggs, 32 Hun, 477. Also that the Fourth of July "is notoriously hard upon livery horses." So held by the Supreme Court of Nebraska, in Homan v. Boyce, May 8, 1874, 19 N. W. Rep. 590.

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MAINE Supreme Court Abstract (see Recent Ameri-
can Decisions).

MARRIAGE (see Current Topics).
MARRIED. WOMEN (see Domicile).

MARYLAND Court of Appeals (see Recent Ameri-
can Decisions).

MASSACHUSETTS Supreme Court Abstract (see
Recent American Decisions).

MERRILL. E. B., on Conway Robinson.

MICHIGAN Supreme Court Abstract (see Recent

American Decisions).

165

United States Circuit Court, 18, 156, 195, 216, 356, 437, 456
475, 518

District Court.
18, 156, 216, 437, 456, 518
Supreme Court, 16, 34, 55, 95, 114, 153, 174, 194, 215, 235
256, 278, 312, 336, 354, 370, 396, 436, 455, 474, 495, 517
Vermont Supreme Court
37, 97, 139, 155
Wisconsin Supreme Court 38, 77, 293, 314, 374, 415, 476
For subjects see Index-Digest.

RECENT ENGLISH DECISIONS.

abstract of cases... 19, 98, 116, 177, 218, 258, 297, 315, 378
418, 459, 480

RESPONSIBILITY, with a forecast

For subjects see Index-Digest.

MINNESOTA Supreme Court Abstract (see Recent
American Decisions).

246

MISSOURI Supreme Court Abstract (see Recent
American Decisions).

MOISE, E. E., on Mr. Carter's Pamphlet.......
NEBRASKA Supreme Court Abstract (see Recent
American Decisions).

NEGLIGENCE, presumption of.

(See Current Topics.

NEVADA Supreme Court Abstract (see Recent Ameri-
can Decisions).

NEW HAMPSHIRE Supreme Court Abstract (see
Recent American Decisions).

NEW JERSEY Court of Errors Abstract (see Recent
American Decisions).

Supreme Court Abstracts (see Recent American Decis-
ions).

NEW YORK Court of Appeals Abstract (see Recent
American Decisions).

Court of Appeals Decisions handed down (Jan. 15),
60; (Jan. 22), 80; (Jan. 29), 100; (Feb. 8), 140; (Feb.
26), 180; (March 4), 200; (March 11), 220; (March 18),
240;(April 15), 320; (April 22), 340; (April 29), 360;
(May 6), 380; (May 9), 400: (June 3), 460; (June 10),
480; (June 17), 500; (June 24), 520.
Court of Appeals, relief of..

RHODE ISLAND Supreme Court Abstract (see
Recent American Decisions).

267

....

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286

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388

UNITED STATES.

In the matter of robes, presentation of resolutions
of N. Y. State Bar Association by David Dudley
Field...

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Supreme Court, appointment of new general terms
and justices

District Court Abstract (see Recent American Decis-

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For subjects see Index-Digest.

NOTICE (see Leading Articles).

(See Bar Associations.)
NOTES OF CASES, 3, 23, 42, 63, 83, 103, 122, 143, 163, 182
202, 222, 242, 262, 282, 302, 323, 342, 362, 383, 402, 422, 443, 462
483, 503

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WORDS (see Leading Articles).

YEAMANS, GEO. H., on codification....

26

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